https://www.proz.com/kudoz/spanish-to-english/law-contracts/6857422-el-los-prestatario-s-se-obliga-n.html

Glossary entry

Spanish term or phrase:

El/Los Prestatario/s se obliga/n

English translation:

the borrower will

Added to glossary by David Hasting
Aug 11, 2020 11:17
3 yrs ago
27 viewers *
Spanish term

El/Los Prestatario/s se obliga/n

Spanish to English Law/Patents Law: Contract(s) Bank loan agreement
I am translating a standard loan agreement that is full of examples of singular/plural nouns followed by singular/plural verbs, like the one above, and I would prefer not to translate them literally, and avoid sentences such as “The Borrower/s is/are”…., or “The Borrower/s waive/s his/their rights”.

Furthermore, I’d prefer to avoid gender-specific language such as his/her.

A workaround I am considering is to add a note or footnote the first time “Prestatario o Prestatarios” is mentioned, like this:
Borrower or Borrowers (hereinafter referred to individually or collectively as the "Borrowers")
and then always using plural nouns and verbs.

I would add that the Spanish original is far from perfect or consistent, as it constantly switches from upper case to lower case (El/Los Prestatario/s - el/los prestatario/s), or changes to “el o los prestatarios”, and other times only refers to “el prestatario” in singular. The same applies to the verbs, which quite often only appear in plural, despite following a singular/plural noun i.e. “El/Los Prestatario/s”…

How have other people tackled this issue?

Plus, which of these two options is preferrable: Borrower/s or Borrower(s)?

Cheers in advance

Discussion

David Hasting (asker) Aug 12, 2020:
John, I've followed your advice and added a translator's note to explain the issue to the client, although also offering to use the singular as suggested by Phil Goddard, adding a note along the lines of 'where this contract refers to "the borrower"..... The customer is always right, so they will decide!
Jane Martin Aug 11, 2020:
@ David The use of 'their' to avoid his/her/its is now very common and I would suggest doing this to avoid cluttering up your translation.

Proposed translations

5 hrs
Selected

the borrower will

If you adopt John's suggestion, your translation will look as messy as the original, and be as difficult to read.

You say the Spanish is very inconsistent, and it's obviously been written by someone who's not very good at drafting contracts.

I think this is an instance where you're justified in improving on the source text. I'm not a believer in 'garbage in, garbage out'.

I would adopt your suggested workaround, but I'd use the singular, not the plural, and say something like 'where this contract refers to "the borrower" and there is more than one borrower, it shall be understood to refer to them jointly and severally.'

This is a common practice in loan contracts.

I would also add a translator's note explaining why I've done this.


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Note added at 5 hrs (2020-08-11 16:37:13 GMT)
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Another suggestion, which I've been doing more often in recent years, is to refer to "you" and "we" throughout.

This is what English contracts increasingly do, and it takes away the singular/plural, male/female problem. I've never had a complaint when I've done this - customers always understand why.
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4 KudoZ points awarded for this answer. Comment: "John, my client preferred your suggestion.. many thanks."
+3
6 mins

The Borrower(s) undertake

Hi David. This is the best approach, in my opinion
Note from asker:
Hi John, long time no see... so you would always use the verbs in plural? and avoid gender-specific pronouns by always using "their"?
John, the client preferred your suggestion. Cheers
Peer comment(s):

agree patinba
1 hr
Yes, use plural verbs and "their"
agree Luis M. Sosa
3 hrs
agree neilmac
3 hrs
neutral philgoddard : This doesn't work in my opinion, because it includes the ungrammatical possibility "the borrower undertake".
5 hrs
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